Divorced parents on move-in day, what to do?

The wording, if the subject is covered at all, makes a HUGE difference. Consider:
a) “The parties will split the cost of college education for the child…”
b) “The parties will EQUALLY split the cost of college education for the child…”
c) “The parties will split the cost of A college education for the child…”

a) puts the parents on the hook for unlimited costs, and does not specify how to divide it. the child could theoretically go to the most expensive school around and demand the parents pay. b) makes it equal, even if one parent has much greater resources than the other. no allowance is made even for retirement, disability, unemployment. c) sets an upper limit according to the least expensive education available; parents don’t have to pay a cent if the child qualified for a full ride at Alabama, even if he hates the school, because it is still a college education he could get for free.

I am guessing that the topic is not covered, or at least not in sufficient detail and clarity, in the OP’s parents’ divorce decree.

And the OP should consider that if the divorced parents are that nasty to each other, they may be spending (or may have spent) all of their money on lawyers suing each other, leaving little or nothing left for them to contribute to the OP’s college costs, even if they would otherwise be willing to.

FCC, I don’t think kids “demand” that parents pay for a college that they can’t afford. I think the dynamic is typically that one or both parents are trying to fund a lifestyle (new significant other? new spouse with kids? or just a fun, traveling, buying toys stage) that is unaffordable if they also need to provide the kind of life for their kids that the kids had while the family is intact. Kids who grow up watching every penny and knowing that if they take karate lessons one year that means no summer camp (i.e. everyone has to make choices) don’t suddenly “demand” a full freight sleep away college experience. But a kid who lives an upscale lifestyle with great vacations and nice cars and frequent restaurant meals out just because nobody felt like throwing a pot of hot water on the stove for pasta… who is then told that there is zero money for college now that daddy is dating and mommy is going broke paying taxes on the house she wanted to keep to provide stability for the kids… well, that’s a tougher pill to swallow.

And far more common in my experience than the kid who grew up in modest circumstances who decides he’s going to bleed his parents dry for college.

@blossom ^^^ Very good points.

@blossom‌ “I think the dynamic is typically that one or both parents are trying to fund a lifestyle (new significant other? new spouse with kids? or just a fun, traveling, buying toys stage) that is unaffordable if they also need to provide the kind of life for their kids that the kids had while the family is intact.”

Of course it is unreasonable to expect you can continue as if your family was intact, when it is not still intact. You are now trying to pay for two separate households on separate incomes, instead of a single household on combined incomes. You also have each gone through scores of thousands of dollars in legal expenses that an intact family is never exposed to.

Saying you need to provide the same life as if your family was still intact is sort of like saying you need to buy the same new car as if you weren’t laid off from your job. You cannot pretend the divorce or job loss didn’t happen and doesn’t affect things, because it certainly did and does. Your definition of “need” must adjust to reality, and the reality is divorce (a) sucks up all the money/savings you had, in litigation, and (b) reduces your financial “wiggle room” (income above expenses) to approximately zero thereafter.

“But a kid who lives an upscale lifestyle with great vacations and nice cars and frequent restaurant meals out just because nobody felt like throwing a pot of hot water on the stove for pasta… who is then told that there is zero money for college now that daddy is dating and mommy is going broke paying taxes on the house she wanted to keep to provide stability for the kids… well, that’s a tougher pill to swallow.”

The reality I’ve observed is that it is usually Mom, not Dad, who decided she wanted to break up the family, not for any particular cause but because she “wasn’t happy in the marriage.” “Providing stability for the kids” was just not a significant concern when she made that decision against everyone else’s wishes. If she then wants to go broke paying for a house, originally purchased with two incomes, on her income alone, that’s probably foolish but it’s purely her choice. Dad dating again after Mom kicks him out is not going to use up any significant amount of money, not compared to paying his legal defense costs and his own mortgage on his house.

The reality is that divorce is incredibly expensive to go through. Even when a couple have the sense to stay out of court, it is still incredibly expensive to start over as two households; you’re basically doubling the expenses that their combined incomes covered before. There is zero money for college because the college savings went to the lawyers and the income now goes to two different mortgages. That’s life in the USA today.

As an aside: suing for Child Support (which does not, in fact, go to the children, and for which there is no mechanism in place that a single penny of it ever actually be used for the children’s benefit) means you never, ever, ever get to ask for a single penny above and beyond what the courts awarded you. There is no goodwill remaining, no love lost, once you drag someone into court. You permanently frame yourselves as Opposing Parties in court, then you get a judgment, then you garnish it; you never get anything more. In particular, you get no sympathy.

“Girl, you need to collect Child Support from that deadbeat!”
“I already do. He’s paid up in full.”
“Oh. And you’re working too? And you still have money problems? WTF are you spending it on?”

FCC- all due respect, you are describing one scenario. It is sad, it happens more often than it should, but it is only once scenario. There are many divorced families who have managed to preserve enough assets for their kids educations (and I don’t assume in any way that it was easy) and many divorced parents who may loathe each other, but want to do the right thing by their kids.

I contest your comment that there is zero money for college. Money is fungible. I have observed situations where parents have paid tens of thousands of dollars for forensic accountants and other experts to find an alleged “secret” account which turns out not to exist. Boom- there goes 20K. Spending it in this manner is a choice. Preserving it as a marital asset which could go to college tuition is also a choice. I have a friend who is on her third lawyer. Others have tried to intervene and to show her that she is pouring money down a black hole- and that quickly resolving the remaining issues with her soon to be ex is both the right thing to do AND will save them a lot of money. She’s not interested. This is someone who won’t buy canned corn if it’s not on sale- that’s how thrifty she has always been- and right now, writing retainer checks for huge sums of money doesn’t bother her in the slightest.

So yes- divorce is expensive. But raising kids is expensive, and watching kids get victimized twice (parents losing their heads during a divorce and demonizing each other, and THEN not enough money for college) is a very sad process.

You can’t assume that what has happened in your family (I surmise it was close to home) is the way it has to be. There are lots of success stories- mediation, hiring lawyers who are committed to preserving the children’s way of life even if it means the parents need to share custody and decision-making, judges who assume that two able-bodied adults can each earn a living after a decent adjustment period and allocate the assets accordingly, etc.

The problem is, both divorced parents need to cooperate and stop suing each other. If one parent continues to sue, then the other parent is also forced to pay lawyers to defend against the lawsuit. Your friend is not only pouring her money down a black hole, but also forcing her ex to do the same. But perhaps she is spiteful enough that she gets satisfaction from suing her ex and forcing him to spend money on lawyers, even though it costs her money.

FCCDAD, sorry you are so cynical about all of this. There is truth in some of what you say about how expensive it is to create and maintain two households where there used to be just one. But the scenario you describe–in which the woman is restless and kicks the husband out “against everyone else’s wishes” and then goes on to abandon her kids financially–is just not typical. When only one spouse wants out, he or she is usually the one to physically leave the shared household. Most resistant spouses will “stand their ground” and say fine–if you want out, you leave.

I have been divorced and so have a number of my friends (male and female). In every single case the issue of who will pay for college has come up–whether the kids were young when the divorce agreement was being worked out or whether they were older. I have one friend with a deadbeat ex who is rarely employed, frequently gets into legal trouble, etc. who said he wouldn’t and couldn’t pay for college a long time ago, so my friend has worked very hard to make sure she could afford it. But for most people, if they have been saving for their kids’ education since birth (or from the time the kids were young), they are able to keep that issue separate from the others. The knowledge that kids grow up and will need a college education does not come as a surprise. Also, it’s important to reiterate what blossom said above. There are MANY family lawyers who prioritize the kids’ well being above everything else, and in some cases (as in mine) the spouses work with one lawyer rather than two to come to a mutual agreement.

(responding privately)

@FCCDAD said:

Why would you want to punish your children for the sins of the spouse? I am (admittedly) married, but if I was a divorced father and my ex obtained a court order saying that I would pay for 50% of college, and it turns out that my ex couldn’t come up with her share, I can’t conceive of my being so bitter that I would tell my daughter “tough luck, your mother got a court order to pay only 50% so choose another college.” Of course, it matters if I have the financial wherewithal to pay more than what the court ordered, but I see it as a moral obligation to take care of my children until adulthood (and probably beyond) so putting a child’s education as a bargaining chip seems wrong.

Remember the context that the OP’s parents are still fighting over money, so FCCDAD’s experience is probably more analogous than that of less spiteful divorcees.

My friend and her ex carved out close to 7 figures fund for their two kids. The money is to pay for their kids’ remaining college costs, traveling to see either parents, and various personal expenses until they are fully self supporting. Both parents have access to the account, but they could only use it for their young adult kids. As an example, my friend lives further away, so whenever the kids want to visit her, their airfare is paid out of the account. They need a car when they are with her, so the account paid for a car for them to use. Their dad live in a city, so the kids could get around via public transportation or taxi.

In my friend’s case, it was the husband who wanted out. He didn’t want to be in a husband and full time dad any more. In my case, it was also my husband who wanted out. He was bored with our life together. Our divorce cost less than 3000. We only used one lawyer and we already agreed on how we were going to split up our assets before we talked to the lawyer. We split everything down the middle, I am the sole supporter of my younger daughter. There won’t be any issue of asking her dad to contribute to anything she is doing. Divorce can be messy if your intention is to cause pain, but if you put your kids first then it can be worked out amicably.

@spayurpets‌ “Why would you want to punish your children for the sins of the spouse? I am (admittedly) married, but if I was a divorced father and my ex obtained a court order saying that I would pay for 50% of college, and it turns out that my ex couldn’t come up with her share, I can’t conceive of my being so bitter that I would tell my daughter “tough luck, your mother got a court order to pay only 50% so choose another college.” Of course, it matters if I have the financial wherewithal to pay more than what the court ordered, but I see it as a moral obligation to take care of my children until adulthood (and probably beyond) so putting a child’s education as a bargaining chip seems wrong.”

I understand your point of view. I’m not trying to recommend anyone make a particular financial decision.

In your example, assume you get an order that says pay 50-50, then your child starts college, you can barely cover 50%, and her mother suddenly says she cannot afford to pay 50%. Say the out of pocket cost is $30k/year for the parents, and instead of paying $15k, you are told to come up with $25k, ex will come up with $5k, and child will have to leave the school she loves if you do not pay triple what her mother does. You strongly suspect (but cannot prove) that your ex is just trying to shift the expense onto you, but you also know for certain that $15k/year (about what you’re already paying her mother in CS) is absolutely all you can come up with (and even that is stretching it). You have been barely surviving financially, and just hoping to make it until CS ends so you can start to recover. And your ex is convinced that you can and should cover the other $10k, and has suggested as much to your child.

And now you have some new large, unplanned, and unexpected debts that you (honestly) tell your creditors you will be able to make payments on only after your CS obligation ends.

What is your moral obligation in that situation? Are you (or anyone) choosing to punish the child?

@oldfort‌ “Divorce can be messy if your intention is to cause pain, but if you put your kids first then it can be worked out amicably.”
Actually, divorce WILL be messy if EITHER person intends to cause pain. If EITHER person litigates, then it doesn’t matter if you want to put your kids first, it will not be worked out amicably.

Divorce/custody/support litigation is like a forest fire. It can very quickly spread to destroy far more than you ever expected. No matter how much you love the forest, while the forest fire is burning that love is just not going to stop it. Eventually it will be stopped, and/or burn out; there’s no predicting what will survive, though.

I think this thread has strayed far from the original question…

The digression is relevant, though. The OP needs to tread very carefully, and be aware of the possibility that the parents’ continued fights over money may become her problem, if they spend all of what would have been the OP’s college fund on lawyers, or try to manipulate each other into paying more, using the OP’s college enrollment as the hostage.

The OP can insulate herself from the parents’ money fights by attending a college on a full ride merit scholarship. Whether insulating herself from that risk is worth giving up attending a more desirable school (if admitted) is something the OP needs to decide.

Bottom line: getting the acceptances and the FA packages are simply more pressing matters than move-in day. Down the road, she can worry about which parent comes to campus, and when. For now, she needs to worry about where she gets in and how it will be paid for.

FCC- hooray, we agree.

Best of luck to you, OP and all the other families dealing with divorce.

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The reality I’ve observed is that it is usually Mom, not Dad, who decided she wanted to break up the family, not for any particular cause but because she “wasn’t happy in the marriage.”


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@FCCDAD‌ That may have been YOUR situation, but that is not typical…at least not in my social circle (which I don’t think is unique…lol)

In the cases that I’ve known when the wife initiates the divorce, it’s usually because of some kind of abuse (emotional, verbal, physical, controlling abuse), of the H had one or more of the following: addiction issues, mental illness, an affair.

In the cases that I’ve known when the H initiates the divorce, it’s usually because he’s found someone else or wants to “try out” a few more women (mid-life crisis).

I have also known at least 6 men who left their wives after their wives were diagnosed with a serious illness (like cancer or MS) and at least 4 men who left their wives after a CHILD was dx’d with a serious illness or handicap.

I have never known any women to leave their husbands after a CHILD was dx’d with a serious issue. That may have happened, but I can almost assure you that the numbers do NOT favor men well in THAT area.

I do know of one case where the mom suddenly declared that she wanted a divorce for some unknown reason, but she likely does have some sort of mental illness and tends to “run” when faced with any sort of “life difficulties”.

(replying, with refuting data, privately)

And getting further off track…